[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.12]



[Page 349-350]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

           Subpart B_Grants to States for Refugee Resettlement

 

Sec.  400.12  Adverse determinations concerning State grants.



    (a) Policy. The Secretary has established a Departmental Grant 

Appeals Board for the purpose of reviewing and providing hearings on 

post-award disputes which may arise in the administration of certain 

grant programs by constituent agencies of HHS. Section 16.3(c) of this 

title mandates an appellant to exhaust any preliminary appeal process 

required by regulation before a formal appeal to the Board will be 

allowed. Paragraph (d) of this section provides an informal preliminary 

appeal process for resolution of such disputes within ORR prior to 

appeal to the Board.

    (b) Scope. Adverse determinations to which this procedure is 

applicable are as follows:

    (1) Termination, in whole or in part, of a grant for failure of the 

grantee to carry out its approved project or program in accordance with 

applicable law and the terms and conditions of such assistance or for 

failure of the grantee otherwise to comply with any law, regulation, 

assurance, term, or condition applicable to the grant.

    (2) A determination that an expenditure not allowable under the 

grant has been charged to the grant or that the grantee has otherwise 

failed to discharge its obligation to account for grant funds.



[[Page 350]]



    (3) The disapproval of a grantee's written request for permission to 

incur an expenditure during the term of a grant.

    (4) A determination that a grant is void because the award was 

obtained fraudulently, or was otherwise illegal or invalid from 

inception.

    (c) Notice of adverse determination. If the Director, or his or her 

designee, makes an adverse determination with respect to a grant, he or 

she shall promptly issue a notice of adverse determination to the State 

which contains the reasons for the determination in sufficient detail to 

enable the State agency to respond and informing the State agency of the 

opportunity for review under paragraph (d) of this section.

    (d) Request for review of an adverse determination. (1) If the State 

agency wants a review of the determination, it must submit a request for 

such review to the Director no later than 30 days after the postmark on 

the notice, unless an extension of time is granted for good cause.

    (2) The request for review must contain a full statement of the 

State's position with respect to the determination being appealed and 

the pertinent facts and reasons in support of such position. The State 

agency must attach to the submission a copy of the notice.

    (3) The Director may, at his or her discretion, invite the State to 

discuss pertinent issues and to submit such additional information as he 

or she deems appropriate.

    (4) Based on his or her review, the Director will send a written 

response to the State. If the response is adverse to the State's 

position, the correspondence shall state the State's right to appeal to 

the Departmental Grant Appeals Board, pursuant to part 16 of this title.

    (e) Request for appeal of an adverse determination. (1) To appeal an 

adverse determination, a State agency must file an appeal with the 

Departmental Grant Appeals Board, in accordance with requirements 

contained in part 16 of this title.

    (2) The State's application for review must be postmarked no later 

than 30 days after the postmark on the Director's response to the 

State's request for review in paragraph (d)(4) of this section.



[51 FR 3914, Jan. 30, 1986]